A petition for certiorari (full text) was filed last week with the U.S. Supreme Court in St. Mary Catholic Parish in Littleton v. Roy, (Sup. Ct. filed 11/13/2025). In the case, the U.S. 10th Circuit Court of Appeals held that the nondiscrimination requirements of Colorado's Universal Preschool Program do not violate the free exercise or expressive association rights of Catholic schools that are excluded from the program because they insist on considering the sexual orientation and gender identity of a student and their parents in making decisions on who will be admitted. (See prior posting.) According to the petition for review:
The decision below exacerbates a 7-4 split [among Circuits] over the test for determining whether a law is generally applicable under the Free Exercise Clause.
Becket issued a press release announcing the filing of the petition for Supreme Court review.